NM Safe Pursuit Act
New Mexico Department Of Public
Safety
2010 – 2011 Biennium
Definition of pursuit
An active attempt by a police officer
operating an authorized emergency
vehicle to apprehend one or more
occupants of a motor vehicle when the
driver of the vehicle is resisting the
apprehension by maintaining or
increasing his speed or by ignoring the
police officers audible and visual signals
to stop.
29-20-3. Police training.
A. No later than December 31, 2004, the New Mexico law
enforcement academy board shall develop and incorporate into
the basic law enforcement training required pursuant to the Law
Enforcement Training Act [29-7-1 NMSA 1978] a course of
instruction of at least sixteen hours concerning the safe initiation
and conduct of high speed pursuits.
B. The course of instruction shall emphasize the importance
of protecting the public at all times and the need to balance the
known offense and risk posed by a fleeing suspect against the
danger to law enforcement officers and other people by initiating
a high speed pursuit.
Objectives
(1) when to initiate a high speed pursuit;
(2) when to terminate a high speed pursuit;
(3) evaluating risks due to conditions of the
vehicle, driver, roadway, weather and traffic during a
high speed pursuit;
(4) evaluating dangers to uninvolved motorists and
bystanders during a high speed pursuit;
(5) the number of law enforcement units permitted
to participate in the high speed pursuit;
(6) the responsibilities of primary, secondary and
supervisory law enforcement units during a high
speed pursuit;
Objectives Continued
(7) proper communication and coordination procedures when
a high speed pursuit enters another law enforcement agency's
jurisdiction, including a tribal jurisdiction;
(8) driving tactics during a high speed pursuit;
(9) communications during a high speed pursuit;
(10) capture of suspects following a high speed pursuit;
11) supervisory responsibilities during a high speed pursuit;
(12) use of blocking, ramming, boxing and roadblocks as high
speed pursuit tactics;
(13) use of alternative methods and technologies for
apprehending suspects during a high speed pursuit; and
(14) preparing a report and evaluation and analysis of a high
speed pursuit after it has concluded.
29-20-4. Pursuit policies.
A. The chief law enforcement officer of
every state, county and municipal law
enforcement agency shall establish and
enforce a written policy governing the
conduct of law enforcement officers employed
by the agency who are involved in high speed
pursuits. A copy of the written policy shall be
submitted to the director of the New Mexico
law enforcement academy and the traffic
safety bureau of the state highway and
transportation department.
Agency Policy Discussion
Conduct a complete review of the
Officer’s Departmental Pursuit policy
Discuss the Policy and apply it to the
standards as required in the Safe
Pursuit Act.
Pursuit Tactics
ACTIONS CONSISTENT WITH
TRAINING/POLICY
BENEFIT MUST OUTWEIGH RISK
MUST HAVE CLEAR COMPELLING
REASON TO BEGIN & CONTINUE
Pursuit Position
When possible, offset your vehicle 2-3
feet left of suspect vehicle and 5-7 car
lengths behind.
Provides oncoming motorists a better
view of your emergency equipment and
gives you a better view of suspect
vehicle.
Pitfalls of Pursuit
1.
2.
3.
4.
Personal Challenge
Don’t notify dispatcher
Ignore pursuit policy
Invincibility syndrome
Tracking the Violator
Remember – who is the trained driver?
Don’t allow yourself to follow this driver
no matter how he chooses to drive.
Emotions will be high and it will be
tempting. Don’t let it happen.
Your advantages while in
pursuit
1.
2.
3.
4.
5.
6.
7.
8.
You are the good guy (Psychological)
You are not impaired (Alcohol/Drugs)
You are familiar with area (Probably better than suspect)
Your vehicle is designed for pursuit (Police package)
You have communication (Radio)
You have emergency equipment (Light/siren)
You have assistance (Officers/Dispatch/Supervisors)
You have guidelines to follow (Department policy/State
Statute)
9. You are a trained emergency vehicle operator
Attitude/Knowledge/Skill)
Legal Aspects
1.
Emergency vehicle operation is one of the
most litigated areas of law enforcement.
a)
As an officer you must understand
the legal risks associated with
emergency vehicle operation.
Legal Aspects
2.
If you are named as a defendant in an
E.V.O. lawsuit that involves injury, the
plaintiff will attempt to prove you were in
some way liable.
a)
If it is determined that you were
liable the plaintiff will be entitled to
compensation.
b)
Simply stated, this means you did or
did not do something that resulted in
the plaintiff’s injury.
Legal Aspects
3.
What establishes officer liability?
a)
b)
c)
d)
e)
Careless
Reckless
Endangering
Foreseeable
Underlying cause
Legal Aspects
4.
There are two types of direct liability:
negligence and willful misconduct.
a)
Negligence is determined by what
would be considered reasonable
under the circumstances.
1)
Your department policies and
procedures are based on
reasonableness.
Factors that would determine degrees of
negligence are:
(1)
(2)
(3)
(4)
(5)
Type of emergency
Vehicle speed
Weather
Traffic density
Presence of pedestrians
Legal Aspects
Gross negligence would be conduct or
behavior that was so extreme; “Shock
the Conscious” that you should have
known an injury was likely to occur.
Legal Aspects
Willful misconduct, the other form of direct
liability, differs from negligence because it
involves a conscious decision or intent to
engage in injury causing behavior.
1) The punishment in cases of willful
misconduct is usually rewarding the
plaintiff additional money in the form of
punitive damages.
Legal Aspects
Due Regard Considerations
Would a properly trained reasonable
officer, doing similar duties, do it the same
way you did?
 Was your action necessary?
 Did you give enough notice?
 Where your intentions made clear?

Emergency
Emergency is a situation in which there
is a high probability of death or serious
injury to an individual, or significant
property loss and action by an
emergency vehicle operator may reduce
the seriousness of the situation.
How to protect yourself from
liability
(a)
Department approved Pursuit Policy
(b)
Adherence to Pursuit Policy
(c)
Adherence to all laws related to
Emergency Vehicle Operations
(d)
Maintain total control of emergency
vehicle at all times
Diligently attempt to protect the safety of
all parties involved
(e)
Review
When do you initiate a pursuit?
Review
When do you terminate a pursuit?
Review
Evaluate Risks due to conditions:
Vehicle
Drivers
Roadway
Weather
Traffic
Review
Evaluate dangers to uninvolved
motorists and bystanders during a
pursuit.
Review
The maximum number of units actively
involved in a pursuit without Supervisor
approval.
Review
What are the responsibilities of the
Supervisors, primary and secondary
units during a pursuit?
Review
What are the necessary elements of
communication and coordination with
other Law Enforcement jurisdictions to
include Tribal?
Review
Discuss proper driving tactics during a
pursuit
Review
Discuss communications during a
pursuit.
Review
Upon a successful stop of a pursuit,
what type of tactics should be used in
these situations?
Review
What are the Supervisory
responsibilities during a pursuit?
Review
Discuss the use of:
Blocking
Ramming
Boxing
Roadblocks
And alternative methods or technology
to terminate pursuits.
Review
Discuss the reporting and evaluation
requirements of the Act.
Conclusion
Because of the increasing danger
to the police officer and the public,
in some cases, the benefits of
terminating the pursuit may
outweigh the continuation.